Oregon Law
Law as of Jan 1, 2026
Chapter contents
705.005[1985 c.762 §2; repealed by 1987 c.373 §85] 705.010Definitions 705.100[1985 c.762 §3; repealed by 1987 c.373 §85] 705.105Department of Consumer and Business Services; director; qualifications; confirmation; Insurance Commissioner; bond or letter of credit; seal 705.110[1985 c.762 §4; repealed by 1987 c.373 §85] 705.115Department organization 705.117Consumer Advocacy Section 705.120[1985 c.762 §5; repealed by 1987 c.373 §85] 705.125Deputy director; subordinate officers and personnel 705.130[1985 c.762 §6; repealed by 1987 c.373 §85] 705.135Delegation; rules; employee indebtedness; reporting 705.137Information that is confidential or not subject to disclosure; public officer privilege; permitted uses of confidential information 705.138Confidential and privileged documents; conditions for sharing with chief insurance regulatory official 705.139Agreements with other agencies regarding sharing and use of confidential information; contents 705.140[1985 c.762 §6a; repealed by 1987 c.373 §85] 705.141Criminal records check; fingerprints required; persons subject to requirement 705.143Combined license processing; rules 705.145Consumer and Business Services Fund; sources; uses; revolving account; assignment of certain moneys to single account; contracts for state building code training programs 705.146Prescription Drug Affordability Account 705.148Transfers from Consumer and Business Services Fund to Workers’ Benefit Fund; purpose; amount; liability limit 705.150[1985 c.762 §7; repealed by 1987 c.373 §85] 705.155Petty cash funds 705.160[1985 c.762 §8; repealed by 1987 c.373 §85] 705.165Disposition of moneys accruing from department administration and enforcement of certain laws 705.170[1985 c.762 §9; repealed by 1987 c.373 §85] 705.175Warrant for collection of debt owed Department of Consumer and Business Services 705.180[1985 c.762 §§10,10a; repealed by 1987 c.373 §85] 705.190[1985 c.762 §13; repealed by 1987 c.373 §85] 705.200[1985 c.762 §12; repealed by 1987 c.373 §85] 705.210[1985 c.762 §13a; repealed by 1987 c.373 §85] 705.220[1985 c.762 §13b; repealed by 1987 c.373 §85] 705.230[1985 c.762 §14; repealed by 1987 c.373 §85] 705.240[1985 c.762 §15; repealed by 1987 c.373 §85] 705.250[2011 c.272 §20; renumbered 455.146 in 2017] 705.300Records of actions of director regarding securities, commodity and franchise laws 705.310Evidentiary effect of certain records regarding securities, commodities and franchises; fees 705.320Certified documents; effect 705.330Withdrawal of certain documents; review; effect 705.340Access to director’s and department records regarding securities, commodities and franchises; rules; accuracy of information 705.350Fees for certain documents; rules 705.500[1987 c.94 §113; repealed by 1997 c.631 §567] 705.510[1987 c.94 §114; repealed by 1997 c.631 §567] 705.600[1987 c.491 §2; 1989 c.310 §1; 1993 c.18 §154; 1993 c.229 §25; 1993 c.318 §14; repealed by 1997 c.631 §567] 705.610Appointment of financial institution examiners 705.620[1987 c.171 §2; 1993 c.264 §§3,3a; 1995 c.192 §1; repealed by 2009 c.541 §49] 705.630Charging for extra expenses 705.635Certificate of approval of certain business registry names filed under ORS 56.023 705.638“Company” defined; organization requirements for companies conducting banking business 705.640Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty 705.642Injunction authority regarding conduct of banking business; penalty; attorney fees; claims for restitution, damages or disgorgement of illegal gains 705.700[1999 c.1082 §1; renumbered 455.840 in 2001] 705.705[1999 c.1082 §3; renumbered 455.842 in 2001] 705.710[1999 c.1082 §4; renumbered 455.844 in 2001] 705.715[1999 c.1082 §5; renumbered 455.846 in 2001] 705.720[1999 c.1082 §7; renumbered 455.848 in 2001] 705.730[2001 c.165 §1; repealed by 2005 c.118 §1] 705.732[2001 c.165 §2; repealed by 2005 c.118 §1]

Chapter 705 — Department of Consumer and Business Services

ORS 705.640 Enforcement authority regarding conduct of banking business; court order; cease and desist order; civil penalty

(1)

Whenever the Director of the Department of Consumer and Business Services has reason to believe that a person is violating a provision of ORS 705.638, 707.005 or 707.010, the director:

(a)

Shall have access to the premises where the person is suspected of transacting banking business in violation of ORS 705.638, 707.005 or 707.010 or where the person may have books, accounts and records; and

(b)

Shall have the power to examine, copy or take possession of the books, accounts and records of the person in order to ascertain whether or not the person has violated or is violating any provision of ORS 705.638, 707.005 or 707.010.

(2)

If a person refuses to grant access to the premises or refuses to comply with the provisions of subsection (1) of this section, the director may apply for an order to require compliance with the provisions of subsection (1) of this section from a court that has jurisdiction over the matter.

(3)

When the director believes, from evidence satisfactory to the director, that a person is violating the provisions of ORS 705.638, 707.005 or 707.010, the director may:

(a)

Issue an order finding the person in violation, directing the person to cease and desist from the violation and assessing a penalty equal to the costs of investigation plus $1,000, but not exceeding $5,000; and

(b)

Publish notice of an order issued by the director pursuant to paragraph (a) of this subsection.

(4)

An order under this section remains in effect until the director or a court withdraws the order.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.